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  5. The position of Arkansas law with regard to cocaine

The position of Arkansas law with regard to cocaine

On Behalf of Natural State Trial Attorneys | Jul 7, 2022 | Drug Crimes

The possession, trafficking, and sale of cocaine is a federal and state crime in Arkansas. The majority of cases involving cocaine and other illegal drugs will be handled by state courts. A number of states, including Arkansas, have created drug courts. These can give addicts treatment in exchange for a plea of guilty.

Penalties for cocaine possession can be severe

As you form your criminal defense strategy against drug charges, you need to be aware of what you are up against. Penalties for cocaine as well as for methamphetamine are in a special category of their own. This gives Arkansas the ability to assess charges and sentences that are more severe than for other Schedule I or II drugs.

Penalties for drug possession in Arkansas can vary. Anything less than 2 grams is considered a Class D felony. An amount of 2 to 10 grams will be a Class C felony. An amount of 10 to 200 grams is a Class B felony. It should be noted that an amount over 200 grams will automatically be seen as intent to deliver.

Arkansas mandates penalties for sale and trafficking

The state of Arkansas takes a hard line against drug crimes of all types, particularly with regard to sale and trafficking. The penalties for the sale of cocaine can range from a Class C felony for less than 2 grams to a Class A felony for 10 to 200 grams. Anything above 200 grams is a Class Y felony.

The penalty is subject to increase if the offense is committed in the vicinity of certain areas. These can include offenses committed within 1000 feet of schools, city or state parks, school bus stops, drug treatment centers, daycare centers, churches, and skating rinks.

Possession of more than one gram of cocaine creates a presumption of intent to deliver for the purpose of trafficking. It will be up to you and your legal team to rebut this assumption. If your offense is nonviolent, you may be given the option to attend drug rehab and enter supervised probation instead of prison.

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